[Adopted 8-9-1977 by L.L.
No. 2-1977]
No civil action shall be maintained against the Town of Queensbury,
hereinafter referred to as the "Town," or the Town Superintendent of Highways
of the Town or against any improvement district in the Town for damages or
injuries to person or property, including those arising from the operation
of snowmobiles, sustained by reason of any highway, bridge, culvert, highway
marking, sign, device or any other property owned, operated or maintained
by the Town or any property owned, operated or maintained by any improvement
district therein being defective, out of repair, unsafe, dangerous or obstructed
unless written notice of such defective, unsafe, dangerous or obstructed condition
of such highway, bridge, culvert, highway marking, sign, device or any other
property owned, operated or maintained by the Town or any property owned,
operated or maintained by any improvement district was actually given to the
Town Clerk of the Town or the Town Superintendent of Highways of the Town
and that there was a failure or neglect within a reasonable time after the
giving of such notice to repair or remove the defect, danger or obstruction
complained of, and no such action shall be maintained for damages or injuries
to persons or property sustained solely in consequence of the existence of
snow or ice upon any highway, bridge, culvert or any other property owned
by the Town or any property owned by any improvement district in the Town
unless written notice thereof, specifying the particular place, was actually
given to the Town Clerk of the Town or the Town Superintendent of Highways
of the Town and there was a failure or neglect to cause such snow or ice to
be removed or to make the place otherwise reasonably safe within a reasonable
time after the receipt of such notice.
No civil action will be maintained against the Town and/or the Town
Superintendent of Highways of the Town for damages or injuries to person or
property sustained by reason of any defect in the sidewalks or the Town or
in consequence of the existence of snow or ice upon any of its sidewalks unless
such sidewalks have been constructed or are maintained by the Town or the
Superintendent of Highways of the Town pursuant to statute, nor shall any
action be maintained for damages or injuries to person or property sustained
by reason of such defect or in consequence of such existence of snow or ice
unless written notice thereof, specifying the particular place, was actually
given to the Town Clerk of the Town or to the Town Superintendent of Highways
of the Town and there was a failure or neglect to cause such defect to be
remedied, such snow or ice to be removed or to make the place otherwise reasonably
safe within a reasonable time after the receipt of such notice.
[Amended 5-24-1991 by L.L.
No. 6-1991]
The Town Superintendent of Highways of the Town shall transmit, in writing,
to the Town Clerk of the Town, within 10 days after receipt thereof, all written
notices received by him pursuant to this article, and he shall take any and
all corrective action with respect thereto as soon as practicable.
The Town Clerk of the Town shall keep an index record, in a separate
book, of all written notices which the Town Clerk shall receive of the existence
of a defective, unsafe, dangerous or obstructed condition in or upon, or of
an accumulation of ice and snow upon, any Town highway, bridge, culvert or
sidewalk or any other property owned by the Town or by any improvement district,
which record shall state the date of the receipt of the notice, the nature
and location of the condition stated to exist and the name and address of
the person from whom the notice is received. The record of such notice shall
be preserved for a period of five years from the date it is received. The
Town Clerk, upon receipt of such written notice, shall immediately and in
writing, notify the Town Superintendent of Highways of the Town of the receipt
of such notice.
Nothing contained in this article shall be held to repeal or modify
or waive any existing requirement or statute of limitations which is applicable
to these causes of action but, on the contrary, shall be held to be additional
requirements to the rights to maintain such action, nor shall anything herein
contained be held to modify any existing rule of law relative to the question
of contributory negligence nor to impose upon the Town, its officers and employees
and/or any of its improvement districts any greater duty or obligations than
that it shall keep its streets, sidewalks and public places in a reasonably
safe condition for public use and travel.
[Amended 5-24-1991 by L.L.
No. 6-1991]
This article shall supersede, in its application to the Town of Queensbury,
Subdivisions 1 and 3 of § 65-a of the Town Law.
